72-2235. Prohibited practices; evidence of bad faith. (a) The commission of any prohibited practice, as defined in this section, among other actions, shall constitute evidence of bad faith in professional negotiation.
(b) It shall be a prohibited practice for a board of education or its designated representative willfully to:
(1) Interfere with, restrain or coerce professional employees in the exercise of rights granted in K.S.A. 72-2219;
(2) dominate, interfere or assist in the formation, existence, or administration of any professional employees' organization;
(3) discriminate in regard to hiring or any term or condition of employment to encourage or discourage membership in any professional employees' organization;
(4) discharge or discriminate against any professional employee because such professional employee has filed any affidavit, petition or complaint or given any information or testimony under this act, or because such professional employee has formed, joined or chosen to be represented by any professional employees' organization;
(5) refuse to negotiate in good faith with representatives of recognized professional employees' organizations as required in K.S.A. 72-2228, and amendments thereto;
(6) deny the rights accompanying recognition of a professional employees' organization which are granted in K.S.A. 72-2220;
(7) refuse to participate in good faith in the mediation as provided in K.S.A. 72-2232 or fact-finding efforts as provided in K.S.A. 72-2233 or arbitration pursuant to an agreement entered into pursuant to K.S.A. 72-2229; or
(8) institute or attempt to institute a lockout.
(c) It shall be a prohibited practice for professional employees or professional employees' organizations or their designated representatives willfully to:
(1) Interfere with, restrain or coerce professional employees in the exercise of rights granted in K.S.A. 72-2219;
(2) interfere with, restrain or coerce a board of education with respect to rights or duties which are reserved thereto under K.S.A. 72-2228, and amendments thereto, or with respect to selecting a representative for the purpose of professional negotiation or the adjustment of grievances;
(3) refuse to negotiate in good faith with the board of education or its designated representatives as required in K.S.A. 72-2228, and amendments thereto;
(4) refuse to participate in good faith in the mediation as provided in K.S.A. 72-2232 or fact-finding efforts as provided in K.S.A. 72-2233 or arbitration pursuant to an agreement entered into pursuant to K.S.A. 72-2229; or
(5) authorize, instigate, aid or engage in a strike or in picketing of any facility under the jurisdiction and control of the board of education.
History: L. 1977, ch. 248, § 11; L. 1980, ch. 220, § 12; July 1.
Structure Kansas Statutes
Article 22 - School District Employment Contracts
72-2217 Supplemental contracts of employment authorized.
72-2219 Professional employees' rights; representation of employees and school boards; negotiations.
72-2222 Same; determination by secretary of human resources upon petition.
72-2223 Same; election; summary dismissal of petition, when.
72-2224 Same; conduct of election for determination; conditions; run-off election.
72-2225 Criteria for determining appropriate unit of employees' organization.
72-2226 Agreements; ratification; election; absentee ballots.
72-2227 Savings clause for existing agreements.
72-2229 Agreements may provide for arbitration of disputes; enforcement of arbitration agreements.
72-2234 Costs for mediation and fact-finding.
72-2235 Prohibited practices; evidence of bad faith.
72-2236 Prohibited practices, determination of existence; procedure; hearing.
72-2237 Secretary of labor; rules and regulations; subpoena power.
72-2238 Unilateral contracts prohibited prior to completion of negotiation.
72-2239 Savings clause for existing agreements; administrative employees exempted.
72-2241 Deductions; authorization thereof; continuation of authorization; conditions; limitations.
72-2242 Same; disbursement of funds deducted.
72-2244 Employment incentive or retention bonuses for teachers.
72-2251 Notice of termination or nonrenewal of certain teacher contracts; change of terms.
72-2252 Due process hearing procedures for certain postsecondary teachers; definitions.
72-2254 Same; commencement of hearing, when; procedural requirements.
72-2256 Testimony by affidavit or deposition; interrogatories; time, extension.
72-2259 Contractual rights; limitation on creation; not impaired.
72-2260 Same; application of act; years of employment requirements, waiver.
72-2262 Abridgment of constitutional right; procedure for determination.
72-2281 Definitions; superintendents excepted.
72-2282 Notice of nonrenewal or rejection of administrator's contract; change of terms.
72-2284 Contractual rights; limitation on creation; not impaired.
72-2285 Application of act; two years of employment required; waiver, when.